A residential day is billed as a per diem: one flat payment for a day of stay and treatment. There is no national rulebook for it. A 2021 report from ASPE, the policy office of the U.S. Department of Health and Human Services (HHS), says residential mental health and substance use settings are governed almost exclusively by state statutes and regulations. The code, the claim form and the authorization rule come from the state Medicaid agency, the managed care plan or the commercial contract.
Medicaid and the 16-bed rule. Federal regulation defines an institution for mental diseases, an IMD, as a hospital, nursing facility or other institution of more than 16 beds that is primarily engaged in providing diagnosis, treatment or care of persons with mental diseases. The test is the institution's overall character, whether or not it is licensed that way. Federal Medicaid money is not available for a person under 65 who is a patient in an IMD, unless the person is under 22 and receiving inpatient psychiatric services. CMS, the federal Centers for Medicare & Medicaid Services, wrote in 2017 that residential substance use treatment is ordinarily not eligible for federal Medicaid payment for that reason.
States have two ways around that limit: a section 1115 demonstration or managed care. For the demonstration, a 2017 CMS letter offered states federal matching money for services in residential substance use IMDs. A 2018 letter did the same for adults with serious mental illness and children with serious emotional disturbance. Both letters point to a statewide average stay of 30 days. The 2017 letter also asks states to hold residential providers to the American Society of Addiction Medicine (ASAM) Criteria or another nationally recognized standard. Under managed care, a plan can be paid a monthly capitation for an enrollee aged 21 to 64 in an IMD. The facility has to be a hospital or a sub-acute facility providing crisis residential services, and the stay has to be no more than 15 days in that month.
Whether Medicaid pays for an adult day in a large program depends on your state's authority. Nevada lists residential substance use treatment in an IMD as its own provider specialty and requires prior authorization for its residential codes.
Under 21, for mental health. Federal rules give youth psychiatric residential care its own Medicaid benefit. A psychiatric residential treatment facility, a PRTF, is a facility other than a hospital that provides psychiatric services to people under 21 in an inpatient setting. A PRTF has to be accredited by the Joint Commission, CARF, the Council on Accreditation or another accreditor the state recognizes. A team has to certify in writing that community care does not meet the youth's needs and that proper treatment requires inpatient services under a physician's direction. The same team certifies that the services can reasonably be expected to improve the youth's condition or prevent further regression. The facility also has to follow the federal restraint and seclusion rules.
Medicare. Medicare pays for inpatient psychiatric care through hospitals: psychiatric hospitals and psychiatric units of general hospitals. Care in a freestanding psychiatric hospital has a 190-day lifetime limit. Medicare's nationwide coverage rule for drug abuse treatment, its national coverage determination, covers inpatient hospital care and hospital outpatient department services. We found no Medicare benefit for a residential program that is not a hospital. Medicare does cover partial hospitalization and intensive outpatient programs.
Commercial insurance. A commercial plan pays residential days under the facility's contract with the plan. Tufts Health Plan's payment policy lists residential and detox services as a per diem, one unit a day. The contract holds the rate, the level-of-care definitions, what the per diem includes and how many days are approved at a time. No public document replaces it. Optum says its Fourth Edition ASAM changes are not effective for a facility until the facility has a fully executed, updated contract. Until then, Optum says, the facility should follow the Third Edition. Optum also says it sends an updated contract reflecting each level of care, which the facility signs and returns with a new service addendum and payment appendix.